The Libertarian Party of Florida has written [2]to the sheriff of every county in the state demanding that they arrest any TSA agent who conducts an “enhanced” pat-down on charges of sexual battery.

“We, The People of the State of Florida must turn to you as our last line of defense against a federal government that is usurping authority and ignoring the rule of law.” the letter, signed by party chairman Adrian Wyllie, states.

The party cites electronic and bodily searches carried out on Florida citizens as “egregious” violations of the Fourth Amendment, as well as Article One, Section 12 of the Florida Constitution, which prohibits searches and seizures without probable cause.

The letter, which was also emailed to 67 sheriffs across the state, points out that under Florida law searches carried out by TSA agents fall within the definition of felony sexual battery.

The letter states:

it is a first degree felony when sexual battery is committed by a law enforcement agent in paragraph 4(g), which reads:

“When the offender is a law enforcement officer, correctional officer, or correctional probation officer as defined by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under the provisions of s. 943.1395 or is an elected official exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.”

Urging the sheriffs to remember the oath they have sworn to protect the Constitution, the party notes that

“As Sheriff, you have the absolute duty to enforce the law uniformly and without prejudice. You are, at best, engaged in selective enforcement by choosing to further ignore these flagrant violations of federal and state law. At worst, you are complicit.”

The full text of the letter is included at the foot of this article.

In November we reported[3] that current chief deputy DA and incoming DA of San Mateo County Steve Wagstaffe announced that his office will prosecute TSA employees who engage in lewd and lascivious behavior while conducting Homeland Security mandated pat downs at the San Francisco International Airport in San Mateo County.

TSA agents are not law-enforcement officials with arrest powers, although they do wear uniforms and police style badges that suggest this is the case, a fact that has angered sworn officers who have expressed concerns [4]that airline passengers will mistake screeners for police.

Since the Texas bill to prohibit TSA groping failed to pass last week, there has been a renewed effort to bring further attention to the issue.

As we reported yesterday[7], Congressman Ron Paul will re-introduce his American Traveler Dignity Act into the House this week in the hope that other lawmakers will support the effort to establish that airport security screeners are not immune from any US law regarding physical contact with another person, making images of another person, or causing physical harm through the use of radiation emitting from machinery.

“They are not above laws the rest of us must obey.” Paul urged. “As we continue to see more and more outrageous stories of TSA abuses and failures, I hope that my colleagues within the House will listen to their constituents and join with me to support this legislation. ” The Congressman added.

Full text of LIbertarian Party Of Florida’s letter:

Dear Sheriff,

On this day in 1776, our forebears founded this Nation by declaring their independence from an oppressive government. This beautiful and timeless document expressed the self-evident truth that all people have certain inalienable rights, upon which no government can infringe. They asserted that governments are formed among men to secure these rights, not to impede or restrict them.

The Libertarian Party of Florida is reaching out to you, and to all of Florida’s 67 Constitutional Sheriffs. We, The People of the State of Florida must turn to you as our last line of defense against a federal government that is usurping authority and ignoring the rule of law.

I am referring specifically to the Transportation Security Administration (TSA) and their egregious violations of the United States Constitution, as well as the Florida Constitution and state law.

Every single day, TSA employees conduct electronic and bodily searches upon tens of thousands of Florida citizens and visitors at airports, and more recently at bus terminals, rail stations, and highways. They are searching the persons and seizing the effects of travelers without warrant or probable cause. Specifically, they are in blatant violation of the Fourth Amendment to the United States Constitution, which reads as follows:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

These TSA agents are also in clear violation of Article One, Section 12 of the Florida Constitution, which reads as follows:

“Searches and seizures.— The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained.”

In addition, one of the methods by which the TSA agents conduct these searches, referred to as the “Enhanced Pat Down,” is clearly within the definition of felony sexual battery, as codified in Florida Statute 794.011.

I would like to point out that this statute clearly defines that it is a first degree felony when sexual battery is committed by a law enforcement agent in paragraph 4(g), which reads:

“When the offender is a law enforcement officer, correctional officer, or correctional probation officer as defined by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under the provisions of s. 943.1395 or is an elected official exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.”

As Sheriff, you have the absolute duty to enforce the law uniformly and without prejudice. You are, at best, engaged in selective enforcement by choosing to further ignore these flagrant violations of federal and state law. At worst, you are complicit.

If you have TSA agents within your county that are violating the law, then you must act. Warn the TSA agents that they are subject to arrest if they continue to violate the law. Should they continue, then you must begin making arrests.

We urge you to remember the oath you took to support, protect and defend the Constitution of both the State of Florida and the United States of America. On behalf of all Floridians, the Libertarian Party of Florida calls on you to do exactly that.

We turn to you, our Constitutional Sheriffs, to enforce the law in accordance with your sworn duty.